republic vs mery do lucas urio another 2018 tzhc 2147 20 august 2018

republic vs mery do lucas urio another 2018 tzhc 2147 20 august 2018

The prosecution failed to prove beyond reasonable doubt that the accused persons were in possession or control of the narcotic drugs found in the motor vehicle. Mere presence in the vehicle was insufficient to establish guilt, especially given the possibility that those who fled were the actual owners or controllers of the drugs.

Citation
republic vs mery do lucas urio another 2018 tzhc 2147 20 august 2018
Parties
Prosecution: The Republic; Accused: Mery d/o Lucas Urio; Accused: Emmanuel s/o Mmari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 August 2018
Procedural Posture
Criminal / Final Judgment
Outcome
acquittal
Legal Topics
Drug Trafficking, Burden of Proof, Possession, Acquittal
Source Language
English
Criminal Law Drug Trafficking Burden of Proof Possession Acquittal

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Parties

The Republic

Prosecution

Mery d/o Lucas Urio

Accused

Emmanuel s/o Mmari

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the accused persons were in possession or control of narcotic drugs found in the motor vehicle
  2. 2 Whether prosecution proved the offence of trafficking in narcotic drugs beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused persons were in possession or control of the narcotic drugs found in the motor vehicle. Mere presence in the vehicle was insufficient to establish guilt, especially given the possibility that those who fled were the actual owners or controllers of the drugs.

Court Disposition

acquittal

Orders

  • Both accused persons, Mery d/o Lucas Urio and Emmanuel s/o Mmari, are acquitted.
  • Motor vehicle Toyota Corolla registration T 331 ARE is forfeited to the government and to be sold in public auction; proceeds to be deposited into the consolidated fund.